| Hamilton v Blackwood |
| Motion No: 2010-04971 |
| Slip Opinion No: 2011 NY Slip Op 73025(U) |
| Decided on May 17, 2011 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M119940
S/sl
DANIEL D. ANGIOLILLO, J.P.
THOMAS A. DICKERSON
ARIEL E. BELEN
SANDRA L. SGROI, JJ.
|
2010-04971, 2010-10801 Molly Hamilton, et al., respondents, v Lloyd Blackwood, appellant, et al., defendants. (Index No. 08-16909)
| DECISION & ORDER ON MOTION |
Appeals by Lloyd Blackwood from a judgment of the Supreme Court, Westchester County, entered April 15, 2010, and a supplemental judgment of the same court entered October 22, 2010. The appeals were calendared for May 2, 2011. Subsequently, it came to the Court's attention that Hal B. Greenwald, the attorney of record for the respondents, had been elected a Judge of the Family Court, Westchester County, effective January 1, 2011.
Now, on the Court's own motion, it is
ORDERED that the appeal is held in abeyance and, on or before June 20, 2011, pursuant to CPLR 321(c), the respondents shall notify the Clerk of this Court in writing that they either have retained new counsel to represent them on the appeal or will appear pro se (see CPLR 321[a]); and it is further,
ORDERED that on or before July11, 2011, the respondents' new attorney or the respondents, if they elect to appear pro se, shall advise the Clerk of this Court, in writing, whether they will adopt the brief filed by former counsel or wish to file a new or supplemental brief; and it is further,
ORDERED that in the event that the respondents do not advise the Clerk of this Court in accordance with the above, the respondents will be deemed to be appearing pro se and to have adopted the brief filed by former counsel; and it is further,
ORDERED that the Clerk of this Court, or his designee, shall serve a copy of this decision and order on motion on the parties and their attorneys by regular mail; and it is further,
ORDERED that no further proceedings shall be taken against the respondents without leave of the Court, until the expiration of 30 days after service upon them of a copy of this decision and order on motion.
ANGIOLILLO, J.P., DICKERSON, BELEN and SGROI, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court